Stockman

Action to condemn lands for purposes of a highway, under the provisions of the Code of Civil Procedure relating to eminent domain. Ten defendants are named in the complaint; among them P. J. Stockman and another, who are alleged to be executors of the estate of one Mathew Byrne, deceased. Service of summons and copy of complaint was made on both of said executors in December, 1895. Afterward, plaintiff filed amendments to its complaint—the first on February 24, 1896, and a second on March 12, 1896; it may be conceded that both these amendments were of matter of substance. Said executors never answered either the original complaint or the same as amended, nor does the record—which consists of the judgment-roll alone—contain any evidence beyond the recitals presently to be mentioned that said amendments were served on the executors. On April 14, 1896, the clerk entered the default of said executors, reciting that they had failed to answer the complaint on file within the time allowed by law; on the same day the action was tried on issues raised by answers of other defendants, and plaintiff obtained judgment. The judgment recites that said executors were "regularly served with…